Ok if the lawyers and consultants don’t think it necessary ignore my comment on the updating the web form. It stinks he can’t work while trying to restore status. Wow what a predicament! I’m sending app the positive vibes your way! Good luck hopefully he gets approved for something soon!
He called IRCC today and the agent told him something that makes this whole situation even worse, he said even if PR application gets approved he would need to wait more tike until he gets a valid status in Canada, meaning he needs to wait until the application to revoke working status is approved before he can become PR, I dont know how true is that the agent didnt seem so sure about this statement though
Can he submit an access to information and personal information requests on both applications? I will do it for him, can I do it directly from the canada website?
He called IRCC today and the agent told him something that makes this whole situation even worse, he said even if PR application gets approved he would need to wait more tike until he gets a valid status in Canada, meaning he needs to wait until the application to revoke working status is approved before he can become PR, I dont know how true is that the agent didnt seem so sure about this statement though
Can he submit an access to information and personal information requests on both applications? I will do it for him, can I do it directly from the canada website?
Yep you can do atip for both but they take about a month to respond . And usually it’s very generic coding just saying what’s been reviewed or not…not when it’s expected to be approved, etc. In my experience, the website timelines, though seemingly scary long, are usually accurate.
I would hate for him to lose time since to get PR through the worker stream he had points accumulated for working experience in Canada among other things. Even if he had to stop working to apply for a new WP and had to be on EI for example, he still would have maintained status in Canada had he not been rejected. Now that he’s out of status, it’s like he’s a visitor trying to get PR. It’s why I strongly feel his lawyer should figure out how to get his status restored ASAP. For nonpayment of a fee, I just don’t see why he can’t be on implied already! It was an oversight
Lawyers usually have some portal where they can raise concerns and get answers more directly. The only other thing I can think of that’s risky but may be worth a try at this point is to cancel the WP in progress, and get a new permit app drawn up by his firm so he can flagpole. Closed work permits they can give you at the border in usually under an hour (barring any long lines ahead of you or any issues on the application). Did he consider that option or did the lawyer say that’s not advised either? Sorry just trying to come up with any idea to help! This has to be an awful stress for your brother.
Yep you can do atip for both but they take about a month to respond . And usually it’s very generic coding just saying what’s been reviewed or not…not when it’s expected to be approved, etc. In my experience, the website timelines, though seemingly scary long, are usually accurate.
I would hate for him to lose time since to get PR through the worker stream he had points accumulated for working experience in Canada among other things. Even if he had to stop working to apply for a new WP and had to be on EI for example, he still would have maintained status in Canada had he not been rejected. Now that he’s out of status, it’s like he’s a visitor trying to get PR. It’s why I strongly feel his lawyer should figure out how to get his status restored ASAP. For nonpayment of a fee, I just don’t see why he can’t be on implied already! It was an oversight
Lawyers usually have some portal where they can raise concerns and get answers more directly. The only other thing I can think of that’s risky but may be worth a try at this point is to cancel the WP in progress, and get a new permit app drawn up by his firm so he can flagpole. Closed work permits they can give you at the border in usually under an hour (barring any long lines ahead of you or any issues on the application). Did he consider that option or did the lawyer say that’s not advised either? Sorry just trying to come up with any idea to help! This has to be an awful stress for your brother.
The option of requesting a closed permit by his employer was not really mentioned by his lawyer the only thing that was advised and possible is to apply for his work status to be restored and wait for the pr approval whatever comes first. The Ircc agent told him that is pr is approved but does not has a status in Canada the pr would have to be put on hold or something until he has a status , he wasnt sure though, do you know what would happen if tomorrow lets say he gets that decision made on his pr before work permit is approved? I would like to help him but dont know what to do, I am just afraid he missed to do something that might affect the pr and work permit. Please advise and appreciate you taking the time to provide detailed feedback
The option of requesting a closed permit by his employer was not really mentioned by his lawyer the only thing that was advised and possible is to apply for his work status to be restored and wait for the pr approval whatever comes first. The Ircc agent told him that is pr is approved but does not has a status in Canada the pr would have to be put on hold or something until he has a status , he wasnt sure though, do you know what would happen if tomorrow lets say he gets that decision made on his pr before work permit is approved? I would like to help him but dont know what to do, I am just afraid he missed to do something that might affect the pr and work permit. Please advise and appreciate you taking the time to provide detailed feedback
Sorry for the delay! The agent is right. If PR was approved tomorrow he wouldn’t receive his “landing” because he’s out of status. They ask you questions to verify like where you are (in or outside Canada) and then they check you can legally be here to obtain the PR. He is just a visitor now. I think the lawyer should also tell him how long he has as a visitor until he has to leave Canada altogether or else he faces deportation or worse…revocation of entering Canada for 5+ years.
this is worse case scenario so let’s not focus on that. What we need to focus on now is getting implied status back ASAP.
Had he reapplied for any kind of work permit? Right away they usually send you an AOR doc (form IMM5739 E) followed by an implied status doc (IMM 5988 E) that says:
“This confirms that your application has been received by Immigration, Refugees and Citizenship
Canada (IRCC) on (yyyy/mm/dd).
Please attach this letter to your present work permit Number xxxxxx as proof that you are authorized to continue working with the same conditions (ie: employer and occupation) until Xxxx 2022 or until a decision is made on your application, whichever is first.
This extended period of work is authorized as per subsection 186(u) of the Immigration and Refugee Protection Regulations. If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.”
If he hasn’t reapplied for a WP and is just waiting it will not help and he will need to leave Canada.
I’m not outland but my open work permit inland on csq took 165 days (around 5 months). I just received PR a month ago and I’ve been inland QC since 2014. Good luck to you!
I’m not outland but my open work permit inland on csq took 165 days (around 5 months). I just received PR a month ago and I’ve been inland QC since 2014. Good luck to you!
Hello
Congratulations
I wish to ask that for the PMI+ that yours took 165 days is these days plus the days you had to submit your documents? Please tell me more concerning this because I did biometric already and still waiting on the next step to take.
Thank You
Hello
Congratulations
I wish to ask that for the PMI+ that yours took 165 days is these days plus the days you had to submit your documents? Please tell me more concerning this because I did biometric already and still waiting on the next step to take.
Thank You
Sorry pmi+ is new so I think maybe that’s now csq? If so it comes BEFORE you can apply for wp so that timeline I gave you was for waiting for the wp. CSQ for me took just under 3 months AFTER submitting all documents (language exam, original diplomas and transcripts, notarized marriage certificate, etc).
So, the round up:
- 3 months to receive CSQ after apply (I think this is now PMI+)
- 5 months to receive work permit after
- 20 months total for PR (Dec 2020-August 2022)
so basically my life in QC has been filling out forms since day 1
Sorry for the delay! The agent is right. If PR was approved tomorrow he wouldn’t receive his “landing” because he’s out of status. They ask you questions to verify like where you are (in or outside Canada) and then they check you can legally be here to obtain the PR. He is just a visitor now. I think the lawyer should also tell him how long he has as a visitor until he has to leave Canada altogether or else he faces deportation or worse…revocation of entering Canada for 5+ years.
this is worse case scenario so let’s not focus on that. What we need to focus on now is getting implied status back ASAP.
Had he reapplied for any kind of work permit? Right away they usually send you an AOR doc (form IMM5739 E) followed by an implied status doc (IMM 5988 E) that says:
“This confirms that your application has been received by Immigration, Refugees and Citizenship
Canada (IRCC) on (yyyy/mm/dd).
Please attach this letter to your present work permit Number xxxxxx as proof that you are authorized to continue working with the same conditions (ie: employer and occupation) until Xxxx 2022 or until a decision is made on your application, whichever is first.
This extended period of work is authorized as per subsection 186(u) of the Immigration and Refugee Protection Regulations. If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.”
If he hasn’t reapplied for a WP and is just waiting it will not help and he will need to leave Canada.
After his WP extension application got refused, he was invited to apply for a restoration of status in the 90 days following the refusal which he immediately did after this damn refusal. My understanding is that gives you the right to stay legally in Canada until you get a decision about the restoration application. Applying for restoration of status does not give you the right to continue working though, you have to stop working and stay in Canada until a decision is made. I am not really sure what is this status called exactly but he is now staying legally in Canada.
They should have a procedure for this case in the PR application processing as I am sure a lot of people are in the same case. What do you think?
After his WP extension application got refused, he was invited to apply for a restoration of status in the 90 days following the refusal which he immediately did after this damn refusal. My understanding is that gives you the right to stay legally in Canada until you get a decision about the restoration application. Applying for restoration of status does not give you the right to continue working though, you have to stop working and stay in Canada until a decision is made. I am not really sure what is this status called exactly but he is now staying legally in Canada.
They should have a procedure for this case in the PR application processing as I am sure a lot of people are in the same case. What do you think?
Ok awesome! He applied for restoration. So what will happen is that he’ll just have to wait for that and be supported in some way (by you or savings, etc) until a decision is made. For some reason I thought I saw that he didn’t apply to restore his status.
The only 3things I don’t know:
1. how long it takes to receive a decision on restoration of status. I see timelines for work permit and PR but not status restoration.
2. If restoration = implied status so he can get back to work. Or would he need to THEN apply for another wp which means waiting…ugh?
3. If his points decrease on eligibility for the PR since his status lapsed.
My understanding on point 3 is that a PR app is evaluated based on the moment you send it. So I’m thinking he’s Ok, but again I’m just not sure.
Keep us in the loop on how it goes. This is one complex case I haven’t seen before so I’m sure it will help others.
At least he’s legally here so crisis averted there
The wait will be agonizing but he can do it! Sending good vibes you alls way!
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I think restoration and extension have same processing time , they fall into same category so it's 160ish days
For item 2, no he cannt work for sure. It is clearly stated bu Ircc, you need to wait until your restoration as approved.
Regarding item 3, he conulted yesterday with a new immigration lawyer she said that he is good and just needs to wait and hopefully by Dec he can get a decision for either the restoration or the Pr
btw I used this forum back in 2017 I applied for EE federal skilled workers and it took 3 months for whole application to be processed. I am just curious as to why people still apply for Pr after csq if they are also eligible for express entry. I knew people whom it took a month to get pr approval.
Ok awesome! He applied for restoration. So what will happen is that he’ll just have to wait for that and be supported in some way (by you or savings, etc) until a decision is made. For some reason I thought I saw that he didn’t apply to restore his status.
The only 3things I don’t know:
1. how long it takes to receive a decision on restoration of status. I see timelines for work permit and PR but not status restoration.
2. If restoration = implied status so he can get back to work. Or would he need to THEN apply for another wp which means waiting…ugh?
3. If his points decrease on eligibility for the PR since his status lapsed.
My understanding on point 3 is that a PR app is evaluated based on the moment you send it. So I’m thinking he’s Ok, but again I’m just not sure.
Keep us in the loop on how it goes. This is one complex case I haven’t seen before so I’m sure it will help others.
At least he’s legally here so crisis averted there
The wait will be agonizing but he can do it! Sending good vibes you alls way!
think restoration and extension have same processing time , they fall into same category so it's 160ish days
For item 2, no he cannt work for sure. It is clearly stated bu Ircc, you need to wait until your restoration as approved.
Regarding item 3, he conulted yesterday with a new immigration lawyer she said that he is good and just needs to wait and hopefully by Dec he can get a decision for either the restoration or the Pr
btw I used this forum back in 2017 I applied for EE federal skilled workers and it took 3 months for whole application to be processed. I am just curious as to why people still apply for Pr after csq if they are also eligible for express entry. I knew people whom it took a month to get pr approval.
In Quebec you have to be selected by the province first and then move to PR. EE is available in every province other than QC. I almost moved because of it but I can’t help it I love it here and as a New Yorker, the other provinces were trying too hard or didn’t offer me enough by way of culture so I stuck it out. But even EE now I believe is around 6-8 months so still double what you experienced. I’m glad to hear your brothers PR progress isn’t affected and at least the the restoration is in progress. Much luck to you.
In Quebec you have to be selected by the province first and then move to PR. EE is available in every province other than QC. I almost moved because of it but I can’t help it I love it here and as a New Yorker, the other provinces were trying too hard or didn’t offer me enough by way of culture so I stuck it out. But even EE now I believe is around 6-8 months so still double what you experienced. I’m glad to hear your brothers PR progress isn’t affected and at least the the restoration is in progress. Much luck to you.
You can do EE, do the landing in the province that you selected in the pr application and go settle in QC. I have plenty of friends who did just that , QC cannot kick you out by law, did things change recently?
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